beta
(영문) 수원지방법원 성남지원 2012.11.01 2012고합436

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 15, 2012, at around 00:50 on July 15, 2012, the Defendant committed an indecent act by force against the victim C (the age of 18, female) who was walking along the way, with the victim’s desire to take up her hand in the inner speed of the victim, and her knife his knife at one time and one time, with the victim’s knife at the convenience store in Seongbuk-gu, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing the sentence under the main text of Article 13(1) and the main text of Article 13(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Children and Juveniles against Sexual Abuse is not good in that the defendant committed indecent act by force on a living site, but the defendant is relatively weak in light of the fact that there is no criminal power against the defendant and the degree of indecent act by force.

Where a conviction is finalized against a defendant who registered personal information of this case, the defendant constitutes a person subject to registration of personal information pursuant to Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus is obligated to submit personal information to the competent agency pursuant to Article 34 of the same Act.